A postmortem planned to establish the cause of death of Appeal Court judge Otieno Odek has been postponed.
The exercise which was scheduled on Thursday at the Kisumu’s Aga Khan Hospital was pushed to next week.
The judge's elder brother Yonah Odek said the postmortem must be carried out by someone of the status of a chief pathologist as directed by DCI boss.
“We received a call from the CID boss that postmortem should be conducted by a chief pathologist. Currently, the chief pathologist is available,” he said on phone on Thursday.
Yonah said funeral arrangements to be announced later.
Nyanza Regional DCI boss James Kipsoi said the decision follows a directive from the Director of Criminal Investigations George Kinoti that the postmortem should be done in the presence of Chief Government pathologist Johansen Oduor.
"Considering the status of Justice Odek, the DCI wanted the exercise conducted in an organised manner and avoid any rising issues," Kipsoi said.
The DCI is committed to ensuring the autopsy is well conducted to help unearth the cause of death of Justice Odek and also to avoid any arising issues. The family are also free to have their own independent pathologist.
The family members were advised to liaise with the office of Chief Justice David Maraga and Government pathologist to agree on the date and location.
Kipsoi noted that Oduor was unavailable hence the postponement of exercise.
Sources at the Aga Khan hospital, however, revealed that Justice Odek’s wife said that the postmortem will be done with her consent.
The government wanted to fly the body to Lee Funeral Home in Nairobi but the wife opposed it.
Family members and Judiciary officials on Wednesday met together in Nairobi to discuss the postmortem and burial plans.
“The Judiciary representatives are fully involved in all arrangements,” Yonah said.
Justice Odek was found dead on Monday in his serviced apartment house in Kisumu.
Odek, 56, stayed alone at the Groovehut Apartments near the Kisumu Central police station.
He was found lying naked, face-up in his bed. His body was covered halfway by a blanket.
Blood was oozing from his private parts and from his left ear and a hand was bruised, a police source said. Three sex-enhancing tablets, in a packet of six, had been taken but it was not known by whom or when a police report seen by the Star said.
The postmortem had been delayed after the family requested more time to decide the place.
On Monday, Odek’s body which was set for airlifting to Nairobi was returned to Kisumu’s Aga Khan Hospital mortuary.
Family members had opposed plans to fly the body to the Lee Funeral Home on Monday, saying they had not been consulted. Judiciary officials said they wanted the body airlifted.
Yonah said the body was brought back to the hospital after consultation between the family and Judiciary officials.
“We realised when his colleagues, families and relatives wanted to view the body. After consulting, it was decided that the body be brought back to Aga Khan Hospital mortuary,” Yonah said.
Justice Odek’s widow, Anne Achieng, was present at the hospital.
The burial, Yonah said, will be at his home in Asembo, Siaya county.
At the Court of Appeal in Kisumu, cases have been halted until January ut of respect for the judge. Justice Asikhe Makhandia made the announcement on Wednesday.
"We will adjourn all our sittings until January next year," Makhandia said.
Some of the adjourned cases set for hearing include retired President Daniel Moi's appeal against an ownership ruling 53 acres in Eldoret.
The ruling delivered on May 8 in favour of former MP Noah Chelugui directed Moi to pay Sh1 billion compensation.
Odek arrived in Kisumu on Thursday and was dropped home by his driver. The house was locked from inside with the judge's three phones inside. The TV was still on.
Police had to break down the door. Two security guards manning the apartment have been questioned by police. Makokha said the guards from a private security company had recorded statements.
“Their statements will provide information on what may have happened,” he said.
The guards, the police chief said, are not suspects but will be crucial in the investigation "as they see people who get in and out of the apartment".
